MEMORANDUM 

OF AGREEMENT 

BY AND BETWEEN 

The Tulalip Tribes of Washington 

AND 

Mt. Baker-Snoqualmie National Forest 

U.S. Department of Agriculture 

TO ESTABLISH A FRAMEWORK FOR A COOPERATIVE 

GOVERNMENT-TO-GOVERNMENT RELATIONSHIP AS 

PERTAINS TO THE ADMINISTRATION OF THE MT. BAKERSNOQUALMIE NATIONAL FOREST 

October 3, 2007 

(As amended December 15, 2009) 

(As amended May 20, 2011) 
Tulalip Tribes – Mt.Baker-Snoqualmie National Forest MOA; October 3, 2007 

PREAMBLE 

The Parties share a common interest in and responsibility for the protection and 

enhancement of the environment, and desire to foster a strong working partnership, through 

effective coordination, collaboration, open and timely communications, and the meaningful 

consideration of tribal interests and priorities, especially as they pertain to treaty rights in Tulalip 

Tribes’ (hereinafter, the “Tribes”) traditional aboriginal territory and treaty protected use areas in 

lands administered by the United States Department of Agriculture, Forest Service in the Mount 

Baker Snoqualmie National Forest (hereinafter “Forest Service”).

The Tulalip Tribes is a federally recognized sovereign Indian tribe organized pursuant to 

Section 16 of the Indian Reorganization Act of 1934, as amended, 25 U.S.C. § 476, and are 

successors in interest to the Snohomish, Snoqualmie and Skykomish tribes and other tribes and 

bands signatory to the Treaty of Point Elliott of 1855. The Tribes view the continued availability 

and use of resources within the Mt. Baker-Snoqualmie National Forest as critical to perpetuating 

their culture and identity as a distinct Tribe. The water, the plants and the trees all serve a 

purpose that helps the Tulalip peoples, as a distinct tribe, to continue their cultural life ways that 

have been rooted for thousands of years upon this land. The Tulalip Tribes understand that this 

land, this place, as well as their language connect them to all things and must be conserved and 

nurtured. The Tulalip Tribes and the Forest Service also recognize that the Tribes’ cultural 

continuity is tied to the constant ebb and flow of natural resources. Therefore, this agreement is 

much more than a piece of paper when it comes to the Tulalip peoples’ historical relationship to 

the land as understood and valued by our ancestors. It is an instrument to acknowledge their 

historical legacy of respect for the land. 

The Tulalip people have respected the great gift that Creator had provided for them, and 

took only what was necessary to sustain themselves. After the experiences of the last 500 years, 

the Tulalip people recognize that their natural resources and cultural life ways and values are 

both very fragile. Without question, the Tulalip Tribes are a land and water-based culture. Their 

environment gives them a distinct sense of place. They are bonded to this land by generations of 

elders who have gone home before them. Each place has a name in relationship to its physical 

characteristics, or historical significance. Their language brings them closer to those places, their 

names, and their stories and strengthens their relationship to the land and their identity as Indian 

people. The spirit has truly blessed the Tulalip Tribes and they need to do whatever they can to 

maintain, nurture and protect this great gift from The Creator. 

The Forest Service is the agency of the United States Government responsible for 

managing resources, and use and occupancy of National Forest System (hereinafter, NFS) lands. 

The Forest Service shares in the United States Government’s trust responsibilities to protect the

rights of federally recognized Indian Tribes. Facilitating the exercise of treaty-reserved rights on 

National Forest System lands is a part of the overall management function of the agency under 

the broad range of federal laws that authorize National Forest activities and programs. 

It is therefore in the interest of both Parties, through this Memorandum of Agreement 

(MOA), to clarify protocols and procedures for facilitating effective communication between 

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Tulalip Tribes – Mt. Baker-Snoqualmie National Forest MOA; October 3, 2007 

parties, to define Forest Service activities, resources, and places that are of special interest to the 

Tribes; and to identify opportunities for collaboration between the Parties; so as to further the 

protection and conservation of natural, cultural, and archaeological resources for future 

generations. 

1.0 Recitals 

The Parties hereby agree that: 

1.1 The Tulalip Tribes entered into a treaty with the United States that reserved tribal 

hunting, fishing and gathering rights in lands that include the Mt. Baker-Snoqualmie 

National Forest. Since time immemorial, the Tulalip Tribes have hunted, fished, and 

harvested plants and other resources found on lands now managed by the Forest Service 

to meet their subsistence, spiritual, cultural, and medicinal needs, and for the purposes of 

trade and commerce. The Forest Service recognizes the Tulalip Tribes’ rights to continue

to practice these treaty-reserved rights on NFS lands. 

1.2 The Tulalip Tribes have continuous interest in activities taking place within the Mt. 

Baker-Snoqualmie National Forest that affect the Tribes’ cultural and archaeological 

resources. A significant portion of the Tribes’ traditional aboriginal territory and areas 

used for the exercise of treaty-reserved rights overlap the boundaries of the Mt. BakerSnoqualmie National Forest. 

1.3 Further, the Forest Service recognizes a) The Tribes’ inherent sovereignty and retained 

regulatory authority regarding their treaty-reserved rights; and b) The Tribes’ ability to 

implement and administer a system of effective tribal self-regulation regarding tribal 

member exercise of those rights. 

1.4 The Tribes and the Forest Service have an on-going government-to-government 

relationship pursuant to federal Indian law and policy; and trust responsibility of federal 

agencies to tribes to protect the Tribes’ rights.

1.5 The Tribes recognize applicable laws, regulations and permits regarding the use and 

occupancy of NFS lands. Both Parties recognize the potential differences between 

federal and tribal regulatory approaches to the exercise of treaty-reserved rights and 

resources, and the potential need for harmonization of these differences to the mutual 

satisfaction of both Parties. 

1.6 The Parties acknowledge and recognize the United States Forest Service Native 

American Policies as presently set forth in Forest Service Manual 1563; [American 

Indian and Alaska Native Relations] and Forest Service Publication FS-600 [Forest 

Service National Resource Book on American Indian and Alaska Native Relations, April 

1997] to: 

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Tulalip Tribes – Mt. Baker-Snoqualmie National Forest MOA; October 3, 2007 

1. Maintain a government-to-government relationship with federally recognized 

Tribes. 

2. Ensure that Forest Service employees are familiar with the rights and interests 

of Tribes as defined by the Constitution, treaties, statutes, Executive orders, and judicial 

rulings, through training and other efforts. 

3. Implement Forest Service programs and activities consistent with and 

respecting Indian treaty rights and fulfilling the Federal government’s legally mandated

trust responsibility with Tribes. 

4. Manage NFS lands and resources on which tribal treaty rights exist in 

coordination with Tribes. 

5. Coordinate Forest Service land and resource management plans and actions 

with tribal land and resource management plans and actions to promote the health of 

landscapes and ecosystems. 

6. Administer programs and activities in a manner that is sensitive to traditional 

American Indian and Alaska Native spiritual beliefs and practices and assist tribal 

members in securing ceremonial and medicinal plants, animals, and the use of specific 

geographic places, consistent with Federal policy under AIRFA and E.O. 13007 (FSM 

1563.01e). 

7. Protect the confidentiality of tribal information (including information 

regarding repatriation and reburials) received by Tribes to the extent practicable under the 

law. 

8. Assist American Indian and Alaska Native Tribal Governments by providing 

technical, educational, financial, and other information, and establish information 

exchanges where mutually agreed to and authorized by law. 

9. Work to reduce or remove legal or administrative program impediments that 

inhibit the agency’s and Tribes’ capacity to work directly and effectively with each other. 

10. Consult with Tribes on matters that may affect tribal rights and interests, 

utilizing the following principles: 

a. Comply with laws and regulations in a manner consistent with the special and 

unique legal and political relationship with Tribes. Government-to-government 

consultation generally involves more than the rights of tribal officials, as members of 

the general public, to comment on proposed policies or actions under other Federal 

laws of general applicability. 

b. Collaboratively involve Tribes, as early as possible, in the development of 

regulatory and management policies, resource and land management plans, study 

plans and actions that may have tribal implications. Work with Tribes to determine 

whether a proposed Forest Service policy or action has implications for their rights or 

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Tulalip Tribes – Mt.Baker-Snoqualmie National Forest MOA; October 3, 2007 

interests that may warrant consultation and where consultation is necessary work with 

Tribes to establish an effective consultation process. 

c. Respond in a timely manner to all requests for consultation by Tribes and maintain 

confidentiality of information to the extent authorized by law as may be implemented 

through Executive order. 

d. Coordinate with other Federal and State agencies and local governments during 

consultation with Tribes. 

11. Ensure that the repatriation of Native American human remains and 

associated funerary objects, unassociated funerary objects, sacred objects, and objects of 

cultural patrimony is consistent with the requirements of the Native American Graves 

Protection and Repatriation Act (FSM 1563.01e, para. 4). 

12. Support reburial of American Indian and Alaska Native human remains and 

funerary objects on FS administered lands. Consider reburial requests for specific 

locations and provide explanation for requests that are denied. 

1.7 Further, consultation and coordination with Indian Tribes is required by federal statute 

and as articulated under executive orders and memoranda, for example: “Government to 

Government Relationship With Tribes” (1994), and “Designation of Cooperating

Agencies under NEPA” (Council on Environmental Quality, 2002). Such statutes and 

policies of particular relevance to this agreement include, but are not limited to: The 

National Environmental Policy Act (NEPA); the Endangered Species Act (ESA); the 

National Historic Preservation Act (NHPA); the Archaeological Resources Preservation 

Act (ARPA); the Native American Graves Protection and Repatriation Act (NAGPRA); 

the American Indian Religious Freedom Act (AIRFA); Executive Order 13175-

Consultation and Coordination with Indian Tribal Governments (Nov. 6, 2000); and 

Executive Order 12898 – Federal Actions to Address Environmental Justice in Low 

Income and Minority Populations (Feb. 11, 1994). 

1.8 The Parties recognize that each has and reserves all rights, powers, and remedies now or 

hereafter existing at law or in equity, or by statute, treaty or otherwise. This MOA does 

not modify, diminish, or alter the rights and entitlements of the Parties. The Tribes' 

joinder to this MOA shall not constitute a waiver of sovereign immunity or 

diminishment of treaty rights held by the Tribes. The MOA is intended solely to 

facilitate inter-governmental coordination between the Parties, and neither creates any 

rights in third parties nor gives rise to any right of judicial review. 

2.0 DEFINITIONS 

2.1 Cultural Resources, for the purposes of this agreement, are the landscape features, places, 

or objects that are important to, representative of, or contain information about Tulalip culture. 

Cultural resources include traditional places and materials (identified through oral tradition 

and/or physical evidence), historic sites and structures, and archeological resources. Cultural 

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resources are integral and necessary to cultural practices and activities of the Tulalip Tribes now 

and in the future. 

2.1.1 Traditional places are landscapes, sites, places, legendary areas, and objects that are 

identified by the Tulalip Tribes as being important for the maintenance and 

perpetuation of their traditional values and practices. These places or landscapes 

provide a subsistence or spiritual relationship, as well as stability and meaning for the 

community’s ceremonies, customs, and beliefs.

2.1.2 Traditional Materials are the resources used by the Tulalip Tribes to sustain their 

culture. Traditional materials come from a variety of natural resources indigenous to 

the regions’ native landscapes. Traditional and current uses include medicines, foods, 

tools, textiles, carvings, sacred objects, pristine water, and building materials. 

2.1.3 Historic Sites and Structures are locations where events and activities have taken 

place from contact with Euro-Americans to 50 years ago. Historic sites often, but not 

always, have written records that document the events and activities that occurred in a 

particular location. 

2.1.4 Archeological Resources are the material remains of cultures in context or in place. 

Archeological resources are artifacts and features left in the landscape. Artifacts are 

the physical tools and implements of a culture, the manufactured and human altered 

items. Features are physical alterations in the natural environment. An archeological 

site is a geographic location in which archeological resources are present. These sites 

may reflect spatial and/or temporal patterns of land use. 

3.0 OBJECTIVES 

3.1 Establish a framework for a cooperative government-to-government relationship between 

the Tulalip Tribes and the United States government on issues relating to the Mt. BakerSnoqualmie National Forest; 

3.2 Facilitate consistent and timely communication between Parties at the appropriate levels 

of government; 

3.3 Provide for effective participation by the Tribes in the management of the Mt. BakerSnoqualmie National Forest, including the development, revisions and implementation of land 

and resource management plans, specifically Mt. Baker –Snoqualmie NF Land and Resource 

Management Plan, as amended, all other proposed activities within the National Forest that may 

affect the Tribes, and the natural and cultural resources of interest to the Tribes; 

3.4 Facilitate the exercise of the Tribes’ treaty hunting and fishing rights, and ensure, through 

collaboratively-developed management plans, tribal gathering rights and the protection and 

conservation of those natural and cultural resources. 

3.5 Establish a framework for mutual collaboration, including technical expertise and data 

sharing, that will enhance the effectiveness of conservation efforts on NFS lands, as well as 

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Tulalip Tribes – Mt. Baker-Snoqualmie National Forest MOA; October 3, 2007 

enhance the Tribes’ capabilities necessary to ensure their effective participation in management 

of NFS lands and the conservation of resources upon which they depend. 

4.0. COMMITMENTS 

4.1 Develop general protocols to ensure consistent, early and frequent communication between 

Parties, including: 

4.1.1 What activities/events will trigger communication between parties; Identification of 

types of actions and specific processes that require tribal review/consultation, and/or 

that tribe desires participation in decision-making on the basis of it potentially 

affecting tribal interests 

4.1.2 When communication is triggered (identify specific events, frequency of meetings) 

4.1.3 How communication is triggered (e.g., email, call) 

4.1.4 Who is responsible for communication (identify key contacts for both governments to 

be updated annually or as changes occur) 

4.1.5 Define specific opportunities and processes for tribal participation in: 

 NEPA processes; (environmental assessments screening and Environmental 

Impact Statement processes) including protocols for early, pre-scoping 

notification, tribes as cooperating agencies, post project monitoring; 

 NHPA Section 106 Consultation 

 Revision of the Land and Resource Management Plan for the Mt. BakerSnoqualmie National Forest 

 Consultation Process prior to consideration by Forest Service of the issuance 

or re-issuance of Special Use Permits that may affect Tulalip’s reserved treaty

rights.1 

 Other USFS activities (e.g., land exchanges and conveyances, rule-making) 

4.2 Establish a collaborative framework for the sharing of documents, data, databases, and staff 

expertise and for the identification of consultation responsibilities. 

4.2.1 Identify the respective roles and governmental responsibilities of the Tribes and the 

Mount Baker–Snoqualmie National Forest, in particular regarding 

environmental/cultural and archaeological review processes and surveys, and 

collaborative natural resource management and enforcement. 

4.2.2 Protocols establishing Tribes’ access to Forest Service archaeological and historical 

database. 

4.2.3 Address protocols that apply to cultural resources, Native American burial sites, 

remains and funerary objects discovered on NFS lands. 

4.2.4 Address protocols for distribution of Forest Service documents. 

4.3 Facilitate the exercise of treaty hunting and fishing rights, and ensure, through 

collaboratively developed management plans, the protection of tribal gathering rights and the 

1 As amended May 20, 2011 

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conservation of those natural and cultural resources upon which they depend. The Parties 

specifically commit to working in good faith on mutual interests which include, but are not 

limited to the following: 

4.3.1 Working to identify suitable areas for spiritual activities by the Tribes; Forest Service 

to take steps to ensure their integrity and preservation. 

4.3.2 Working together to inventory plants and plant materials utilized by the Tribes for 

cultural purposes (including plants used for medicinal properties, basket-making, and 

for other cultural purposes), or by using existing inventories, identify areas Tribes can 

be assured of access to harvest them as needed, and provide for their conservation so 

as to ensure continued presence for tribal use; also identify areas where the Tribes can 

manage toward increased yields and sustainable harvest of resources. 

4.3.3 Discussing mechanisms to ensure protecting the integrity of plant food resources used 

for cultural purposes, including for example, regulating or prohibiting commercial 

harvest and prevention of application of pesticides/herbicides to these resources; 

identifying steps the Forest Service can take to address Tribes’ concern over

competition for plant foods (i.e., berries, moss, etc) and materials as well as any other 

concern Tribes may have with respect to their ability to exercise their treaty protected 

rights on Forest Service-managed lands; 

4.3.4 Identifying areas that are important for treaty hunting and fishing and instituting 

measures to protect and enhance wildlife and fisheries habitat, and increase game 

herd populations 

4.3.5 Increasing treaty hunting opportunities by identifying and eliminating obstacles to the 

exercise of treaty rights, including opening access for tribal members to closed or 

gated areas for the exercise of treaty hunting rights. 

4.3.6 Identifying places, use patterns, and a process for Tribes to access NFS lands as 

needed to harvest cedar bark, roots, windblown timber and other plant resources for 

cultural purposes; 

4.3.7 Restoring the landscapes that has historically supported species of interest or support 

depressed populations and are currently degraded due to road or land use practices; 

4.3.8 Discussing mechanisms to enable research to identify/verify pre-historic camp sites, 

and other use areas, on NFS lands, as well as additional research needs; 

4.3.9 Identifying campsites suitable for Tribal member gathering and for cultural and 

educational purposes, which may be considered for collaborative planning and 

management with the Tribes; 

4.3.10 Identifying areas where the Forest Service may be able to utilize Tribal personnel and 

resources in cooperative projects for the benefit of both the Forest Service and the 

Tribes. 

4.3.11 Provide timely consultation with the Tribes on any proposals for land exchanges or 

conveyances and give due consideration to Tribal rights and interests in decisionmaking regarding the transfer of any lands. 

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5.0 MOA ADMINISTRATION AND IMPLEMENTATION 

5.1 Tribes will meet annually, in March, unless otherwise agreed to, with the Forest Supervisor, 

and more frequently if requested by either party, to review and discuss upcoming policies 

and projects of mutual interest, specifically progress made in the implementation of this 

agreement. In addition, principal administrative contacts for this MOA and their staff will 

meet at regular intervals as specified in the work plan developed pursuant to Section 5.2 

below, for the implementation of this agreement. 

5.2 Define the specific roles, responsibilities, processes, priorities, and timeframes for the 

implementation of this MOA. Toward this end, it is agreed that signatories, or their 

designees, will, within 180 days of the signing of this agreement, will develop, with the 

intent to finalize, a work plan that establishes priorities for the implementation of this MOA; 

specifically those commitments outlined in Section 4, including timeframes, meeting 

schedules, and other means necessary (financial and staffing needs) to implement these 

commitments. 

5.3 Process for Issue Resolution: both parties commit to working in good faith to seek a 

mutually agreeable resolution to bona fide disputes arising from this agreement. The Parties 

will strive to first address disputed matters informally, at the appropriate governmental level, 

in an effort to seek consensus. A Party may raise any matter not resolved at this level to a 

higher official of the other party. In the event consensus is not reached, the parties may agree 

to utilize the services of a neutral third party to mediate the dispute. 

5.4 Nothing in this agreement is intended to waive or diminish the right of any party to challenge 

or appeal another parties’ decision or action in accordance with applicable law. 

5.5 Designate official liaisons and list their contact information for purposes of implementing 

this MOA. 

6.0. EXECUTION OF MOA 

1. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the Forest 

Service under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552 

including the Act’s applicable exemptions from public disclosure for specific categories of 

information including, but not limited to, the location and nature of historic and archaeological 

sites. 

2. MODIFICATION. Modifications within the scope of the instrument shall be made by 

mutual consent of the parties, by the issuance of a written modification, signed and dated by all 

parties, prior to any changes being performed. 

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3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the 

Forest Service or the Tribes(s) from participating in similar activities with other public or private 

agencies, organizations, and individuals. 

4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the 

last signature and will remain in effect unless terminated in whole, or in part, at any time by 

mutual agreement or by either party giving the other party written notice. 

Neither party shall incur any new obligations for the terminated portion of the instrument after 

the effective date and shall cancel as many obligations as possible. Full credit shall be allowed 

for each Party’s expenses and all non-cancelable obligations properly incurred up to the effective 

date of termination. 

5. PRINCIPAL CONTACTS* The principal contacts for this instrument are2

: 

Forest Service Project Contacts: 

Policy Contact: 

Jennifer Eberlien, Forest Supervisor 

U. S Forest Service, Mt.-Baker 

Snoqualmie National Forest 

2930 Wetmore Ave., Suite 3A 

Everett, WA 98201 

Administrative Contact: 

Joe Neal 

District Ranger 

Skykomish Ranger District 

Skykomish Ranger Station, Box 305, 

Skykomish, WA 98288 

Phone: 360- 677-2414 

FAX: 425-744-3265 

E-Mail: jrneal@fs.fed.us 

Staff Contacts/Areas 

Ecosystems: Cindy Tencick 

Cultural: Jan Hollenbeck 

Fisheries: Gary Ketcheson 

Wildlife : Jesse Plumage 

Timber: Dave Kendrick 

Botany: Laura Martin 

Planning: Curtis Spalding 

Tribes Project Contacts: 

Policy Contact: 

Ray Fryberg, Executive Director 

Tulalip Tribes Natural Resources 

Department 

7515 Totem Beach Road 

Tulalip, WA 98271 

Administrative Contact: ** 

Libby Nelson 

Senior Environmental Policy Analyst 

Tulalip Tribes Natural Resources 

Department 

7515 Totem Beach Road 

Tulalip, WA 98271 

Phone: 360-716-4639 

FAX: 360-651-4544 

E-Mail: lnelson@tulaliptribes-nsn.gov

2 As amended May 20, 2011 

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*In the event of a change in “Principal Contacts”, responsible party will notify, as soon as 

practicable, the other party of the new principal contacts and the corresponding address and 

telephone/fax/email information. 

**This person will serve as the initial point of contact for all administrative matters related to 

this agreement. The appropriate Tribes’ technical staff persons will be consulted, as specific

issues require. 

6. NON-FUND OBLIGATING DOCUMENT. This instrument is neither a fiscal nor a funds 

obligation document. Any endeavor or transfer of anything of value involving reimbursement or 

contribution of funds between the parties to this instrument will be handled in accordance with 

applicable laws, regulations, and procedures including those for Government procurement and 

printing. Such endeavors will be outlined in separate agreements that shall be made in writing 

by representatives of the parties and shall be independently authorized by appropriate statutory 

authority. This instrument does not provide such authority. Specifically, this instrument does 

not establish authority for noncompetitive award to the Tribes of any contract or other 

agreement. Any contract or agreement for training or other services must fully comply with all 

applicable requirements for competition. 

THE PARTIES HERETOFORE have executed this instrument, as amended May 20th of 2011: 

The Tulalip Tribes 

BY: ____________________________________ ____________ 

Chairman Date 

Mt. Baker-Snoqualmie National Forest 

BY: _____________________________________ ____________ 

Forest Supervisor Date 

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